Pennsylvania lien waiver: void on commercial work, allowed outright on a house
Pennsylvania splits the rule down the middle and the residential half is the one home service contractors need. On nonresidential work an advance waiver is unlawful and void. On residential property you may waive your lien by a written instrument, or by conduct that equitably estops you from filing at all.
On Pennsylvania residential property a contractor or subcontractor may waive the right to file a claim by a written instrument or by conduct. On nonresidential work a waiver is against public policy, unlawful and void unless given for payment actually received, and only to the extent of that payment.
Read the law: 49 P.S. section 1401codes.findlaw.com
49 P.S. 1401(a), the residential halfFill it in online Type your details in and download it already filled in.A contractor or subcontractor may waive his right to file a claim against residential property by a written instrument signed by him or by any conduct which operates equitably to estop such contractor from filing a claim.
Or by any conduct. Pennsylvania is the only state on this site where a lien right can be lost without a signature at all, and residential property is exactly where most home service work happens.
Download a blank Pennsylvania lien waiver
Pennsylvania prescribes no statutory wording, so this is the general conditional waiver on progress payment, the form that fits most draws. Print it and fill it in by hand, or use the builder below and get it back already filled in.
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The residential half, and why it is the dangerous one
Subsection (a) permits a waiver against residential property by a written instrument signed by the contractor or subcontractor, and then goes further: or by any conduct which operates equitably to estop such contractor from filing a claim.
No payment condition, no timing condition, no consideration requirement. On a Pennsylvania house, what you sign is what you get, and in the right circumstances what you did can count against you even where you signed nothing.
That puts a Pennsylvania residential job in the same practical position as Ohio, Washington or West Virginia. The statute is not going to rescue a bad piece of paper, so the paper has to be right the first time.
The nonresidential half, and the dollar cap inside it
Subsection (b)(1) makes a contractor's waiver of lien rights against public policy, unlawful and void unless it is given in consideration for payment for the work, services, materials or equipment provided, and only to the extent that such payment is actually received.
Subsection (b)(2) says the same for a subcontractor, and adds a second escape: the waiver also stands where the contractor has posted a bond guaranteeing payment for labor and materials provided by subcontractors. On a bonded Pennsylvania project the anti waiver protection is gone, because the bond is meant to be your remedy instead.
Only to the extent that such payment is actually received is a dollar test, the same test Kansas writes. Put the payment amount on the face of every waiver you sign, so there is a number for the release to be measured against.
Working out which half you are in
The statute turns on whether the claim is against residential property. A kitchen remodel, a roof, a driveway, a heat pump replacement on a family home is residential. A strip mall, an office fit out or a warehouse is not.
If a single job touches both, the safe assumption is that the residential rule governs the residential part, which means the weaker protection applies exactly where the homeowner money is.
Which of the four to sign on a Pennsylvania job
On a Pennsylvania house the statute gives you nothing, so the form is the entire protection. Sign the conditional version and the release is tied to the payment clearing. Sign the unconditional one and the release happens on signature, paid or not. On nonresidential work the waiver is capped at the payment actually received, which is a reason to put the amount on the face of every form you sign.
Questions people ask
Can I waive my lien rights on a Pennsylvania house?
Yes. 49 P.S. 1401(a) lets a contractor or subcontractor waive the right to file a claim against residential property by a written instrument signed by him, or by any conduct which operates equitably to estop him from filing a claim.
Is an advance lien waiver valid on Pennsylvania commercial work?
No. Under 49 P.S. 1401(b) a waiver of lien rights on nonresidential work is against public policy, unlawful and void unless given in consideration for payment actually received, and then only to the extent of that payment.
Does a payment bond change the Pennsylvania rule?
For a subcontractor, yes. 49 P.S. 1401(b)(2) allows a subcontractor's waiver where the contractor has posted a bond guaranteeing payment for labor and materials provided by subcontractors.
Can I lose a Pennsylvania lien without signing anything?
On residential property the statute contemplates it. Subsection (a) recognizes a waiver by any conduct which operates equitably to estop the contractor from filing a claim, which is why what you write in emails and on invoices matters on a Pennsylvania house.
Working in another state? The general lien waiver forms page covers all four waiver types, and conditional vs unconditional lien waiver explains which of the two to sign and when.
This page quotes 49 P.S. section 1401 and explains what it says. It is not legal advice, and a statute can be amended. Read the linked section before you rely on it.